State v. Dinsmore

This criminal case requires that we resolve two issues: (1) whether the trial court erred in reinstating charges that it previously had dismissed pursuant to a plea agreement between defendant and the state; and (2) whether breath test evidence that is inadmissible in a prosecution for driving under the influence is also inadmissible in a homicide prosecution arising from the same incident. Under the circumstances of this case, we answer both of those questions in the affirmative.

We take the facts from the record and the Court of Appeals’ prior opinions in this case. In June 1999, defendant…